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Posts filtered by tags: 5th Circuit[x]


 

Symposium: How to count to one

John Knepper is a private attorney based in Cheyenne, Wyoming. He previously was chief deputy attorney general of Wyoming. He filed an amicus brief on behalf of the Susan B. Anthony List in support of the respondent in June Medical Services v. Russo. Marks v. United States instructs that when a majority of the justices cannot agree on more than the outcome, “the holding of the Court may be viewed as that position taken by those Members who concurred in the judgments on the narrowest grounds.” Mu...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, United States, Wyoming, Louisiana, Kafka, John Roberts, U S Court of Appeals, Casey, Stephen Breyer, Ramos, Clarence Thomas


Symposium: June Medical and the many faces of judicial discretion

Jane Schacter is the William Nelson Cromwell professor of law at Stanford Law School. She signed an amicus brief in support of the petitioners in June Medical Services v. Russo. The headline from the 5-4 decision in June Medical Services v. Russo striking down Louisiana’s abortion restriction is unquestionably the vote of Chief Justice John Roberts. He determined the outcome. While he may have previewed his position a year ago when he voted to stay the ruling from the U.S. Court of Appeals for t...
Tags: Health, Texas, Featured, Law, Stanford, Louisiana, King, John Roberts, Roberts, Williamson, Lochner, Alito, U S Court of Appeals, Casey, Stephen Breyer, Breyer


Symposium: June Medical decision is no cause for congressional complacency

Richard Blumenthal is the senior United States senator from Connecticut. He joined an amicus brief on behalf of 197 members of Congress in support of the petitioners in June Medical Services v. Russo. He is the Senate lead sponsor of the Women’s Health Protection Act. Today’s Supreme Court decision in June Medical Services v. Russo is a landmark legal victory against radical politicians relentlessly attacking reproductive rights cross the country. Roe v. Wade is safe—for now. This ruling is an i...
Tags: Texas, Featured, Supreme Court, Law, Congress, Senate, United States, Connecticut, Louisiana, Donald Trump, Richard Blumenthal, John Roberts, Baton Rouge, U S Court of Appeals, Stephen Breyer, Breyer


Opinion analysis: With Roberts providing the fifth vote, court strikes down Louisiana abortion law (Updated)

Four years ago, by a vote of 5-3, the Supreme Court struck down a Texas law that (among other things) required doctors who perform abortions to have the right to admit patients at a nearby hospital. In that case, Justice Anthony Kennedy joined his four more liberal colleagues in holding that, although Texas has a genuine interest in protecting the health of pregnant women, there was no evidence that the law actually did anything to promote that interest – but it did make it more difficult for wo...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, New Orleans, Louisiana, Kennedy, Thomas, John Roberts, Roberts, Baton Rouge, District Court, Alito, U S Court of Appeals


Justices reject effort to allow mail-in voting for all in Texas

The Supreme Court today refused to reinstate a ruling by a federal trial court that would have allowed all eligible voters in Texas to vote by mail for the 2020 election cycle. In a brief order without any noted dissents, the justices turned down a request from the Texas Democratic Party and a group of Texas voters to block a ruling by the U.S. Court of Appeals for the 5th Circuit that put the trial court’s ruling on hold. In a short statement, Justice Sonia Sotomayor urged the 5th Circuit to se...
Tags: Texas, Featured, Supreme Court, Law, Sonia Sotomayor, Howe, U S Court of Appeals, Sotomayor, 5th Circuit, Fred Biery, Texas Democratic Party, Biery, Emergency appeals and applications


Symposium: SCOTUS 2020 and the DACA decision: just another reason to wish it were still 2019

Kimberly Hermann is General Counsel at Southeastern Legal Foundation, which filed an amicus brief in support of the petitioner in Department of Homeland Security v. Regents of the University of California. The date is June 19, 2020. The America we live in today is drastically different from the America we lived in when the clock struck midnight on New Year’s Eve. In the past six months, our country has endured a pandemic, economic instability, tragedy, hard yet overdue conversations and riots. I...
Tags: Featured, Supreme Court, Law, Obama, Congress, America, Barack Obama, Dhs, Pandora, United States, Ronald Reagan, Donald Trump, Department Of Homeland Security, Environmental Protection Agency, University Of California, Duke


Justices block Texas execution

Tonight the Supreme Court put a temporary hold on the execution of Texas death-row inmate Ruben Gutierrez, who had been scheduled to die at 7 p.m. EDT. In a short unsigned order, the justices granted a request by Gutierrez to stay his execution while it considers his petition to review his case on the merits. Gutierrez has spent more than 20 years on death row for the murder of 85-year-old Escolastica Harrison. Gutierrez and an accomplice robbed Harrison of cash, beat her and stabbed her repea...
Tags: Texas, Featured, Supreme Court, Law, Muslim, Catholic, Christian, Buddhist, Murphy, Gutierrez, Howe, Harrison, U S Court of Appeals, Patrick Murphy, Kavanaugh, 5th Circuit


Texas Democrats ask justices to allow mail-in voting for all

With just over two weeks remaining before the deadline to request mail-in ballots for the upcoming primary runoff election, the Texas Democratic Party and a group of Texas voters have asked the Supreme Court to reinstate a ruling by a federal trial court that would allow all eligible voters in Texas to vote by mail for the 2020 election cycle. Citing concerns that allowing widespread mail-in voting will lead to voter fraud, Texas officials have opposed their effort; a decision by the Supreme Cou...
Tags: Texas, Featured, Supreme Court, Law, Howe, U S Court of Appeals, Samuel Alito, 5th Circuit, Texas Texas, Fred Biery, Texas Democratic Party, Biery, Texas Democrats, 5th Circuit Alito, Emergency appeals and applications, Joseph Cascino


Texas Democrats ask justices to allow mail-in voting for all (Updated)

With just over two weeks remaining before the deadline to request mail-in ballots for the upcoming primary runoff election, the Texas Democratic Party and a group of Texas voters have asked the Supreme Court to reinstate a ruling by a federal trial court that would allow all eligible voters in Texas to vote by mail for the 2020 election cycle. Citing concerns that allowing widespread mail-in voting will lead to voter fraud, Texas officials have opposed their effort; a decision by the Supreme Cou...
Tags: Texas, Featured, Supreme Court, Law, Howe, Alito, U S Court of Appeals, Samuel Alito, 5th Circuit, Texas Texas, Fred Biery, Texas Democratic Party, Biery, Texas Democrats, 5th Circuit Alito, Emergency appeals and applications


Sequel Watch

John Elwood reviews Monday’s relists. For more than a month, most of the relist action has featured big knots of relists involving just two blockbuster issues — challenges to qualified immunity and Second Amendment challenges to firearm regulations and not much else. This week, as the Supreme Court faces the end of the term in about a month, there is a decided uptick in the variety of cases that are being seriously considered for plenary review. And they consist of six cases that are (at least k...
Tags: Texas, Featured, Maryland, Supreme Court, Law, California, Washington, Massachusetts, West, United States, New Jersey, Archer, Kansas, District Of Columbia, Illinois, Department Of Homeland Security


Opinion analysis: Justices reaffirm distinction between first and second habeas petitions

One of the most significant changes to federal post-conviction habeas review that Congress adopted in 1996 in the Antiterrorism and Effective Death Penalty Act was the dramatic curtailment of second-or-successive habeas suits by which state and federal prisoners can challenge their confinement. But when a prisoner moves to amend a district court judgment denying his first federal habeas petition, is that still part of the first proceeding, or is that the second bite at the apple that Congress al...
Tags: Texas, Featured, Supreme Court, Law, Congress, Thomas, Crosby, Alito, Gonzalez, U S Court of Appeals, Elena Kagan, Kagan, Clarence Thomas, Samuel Alito, 5th Circuit, Banister


Relist Watch

John Elwood reviews Monday’s relists. Even as the world grows more topsy-turvy by the , the Supreme Court’s relists this week are heavily a status quo affair. The gun cases are still there. The qualified immunity cases are still there. And the two ancient serial relists Andrus v. Texas and United States v. California inexplicably shuffle back for yet another curtain call this week, a trip they’ve been making almost weekly since November 2019 and January 2020, respectively. If we needed any furt...
Tags: Texas, Featured, Maryland, Supreme Court, Law, California, Washington, Massachusetts, West, United States, District Of Columbia, Illinois, Anderson, Rogers, Wilson, Hunter


Federal Judge Dissents From… Her Own Opinion

Clearly a lot of animosity between the majority author and herself.
Tags: Law, Courts, 5th Circuit, Edith Jones


Relist Watch: Looking for the living among the dead

John Elwood reviews Friday’s relists. A funny thing happened on Friday: The Supreme Court relisted cases for the next week’s conference, only one day following its previous conference. That may not seem like a big deal, but it’s the biggest change in the court’s relisting procedures in years. Usually, the court relists cases after it releases orders from the previous conference — usually following a Monday order list (or Tuesday, for holiday weekends). Because the Supreme Court usually relists e...
Tags: Texas, Featured, Maryland, Supreme Court, Law, California, Washington, Massachusetts, West, United States, New Jersey, Wisconsin, District Of Columbia, Illinois, Anderson, Rogers


SCOTUS for law students: COVID-19 and Supreme Court emergencies

Live teleconference oral arguments have been the most visible sign of the impact of the COVID-19 pandemic on the Supreme Court, and they have prompted copious coverage and commentary. However, the justices have also been busy with a steady flow of cases arising from the pandemic, mostly in the form of emergency stay requests. These COVID-19-related cases have covered a broad array of important rights and liberties, from voting practices to abortion services to immigration issues to prison condit...
Tags: New York, Texas, Featured, Supreme Court, Law, Barack Obama, Austin, Pennsylvania, United States, Wisconsin, Donald Trump, Department Of Homeland Security, Ruth Bader Ginsburg, Republican National Committee, Valentine, Abbott


Petitions of the week

This week we highlight petitions pending before the Supreme Court that involve, among other things, the test that determines whether someone is “intellectually disabled” for purposes of the Eighth Amendment, whether the prosecution violates the Fifth Amendment’s self-incrimination clause when it uses a criminal defendant’s post-arrest, pre-Miranda-warning silence as evidence of guilt in its case-in-chief, and whether Medicaid recipients have a private right of action under 42 U.S.C. § 1983 and 4...
Tags: Supreme Court, Law, Department Of Defense, United States, Ford, Ohio, Medicaid, U S Court of Appeals, Kuang, 5th Circuit, Cases in the Pipeline, City Council of Baltimore, Mindes, Palacios Solis


Courtroom access: Laboratories for live-streaming?

Editor’s note: On April 13, the Supreme Court announced that it would conduct 10 oral arguments via telephone conference on several days in May in cases whose oral argument dates had been postponed due to the COVID-19 pandemic, and that it would make an audio feed available to the public through a media pool, providing real-time audio of oral arguments for the first time in its history. On March 4, the Supreme Court heard oral argument in June Medical Services v. Russo, a challenge to a Louisian...
Tags: New York, Texas, Featured, Supreme Court, Law, Georgia, New Hampshire, Michigan, Louisiana, District Of Columbia, Donald Trump, Barry Anderson, Minnesota Supreme Court, 9th Circuit, Michigan Supreme Court, Howe


Petitions of the week

This week we highlight petitions pending before the Supreme Court that involve, among other things, what tolling rule applies in a class action filed in federal court based on diversity jurisdiction; whether, by requiring the Environmental Protection Agency to grant expedited review and approval of labels for generic pesticides that are “identical or substantially similar” to the previously approved labels for the same product, Congress intended to preclude claims of copyright infringement with ...
Tags: Utah, Supreme Court, Law, Congress, Washington, Environmental Protection Agency, Pittsburgh, U S Court of Appeals, U S Court of Appeals for the Federal Circuit, 5th Circuit, Weatherly, 8th Circuit, Bruni, Akamai Technologies Inc, Cases in the Pipeline, Living Essentials LLC


Roundup of Texas headlines on COVID in prisons and jails

Several, notable headlines drew Grits' attention related to the coronavirus and Texas prisons and jails. Let's round them up.Texas Tribune: Texas Supreme Court sides with Abbott after judge halted his order restricting jail release: The high court did not weigh in on the arguments that Abbott's order went beyond his executive powers in a disaster. Instead, it ruled the Harris County judges were the wrong plaintiffs. Here's the SCOT order.Texas Observer: Greg Abbott's power grab on bail reformTex...
Tags: Texas, Law, Dallas, Houston, Bail, Abbott, Greg Abbott, Scot, Harris County, Cameron County, Texas Tribune, Harris County Sheriff s Office, 5th Circuit, Texas Supreme Court, Gritsforbreakfast, County jails


Texas abortion dispute reaches Supreme Court (Updated)

UPDATE: In an unsigned order on Monday night, the U.S. Court of Appeals for the 5th Circuit allowed medication abortions to go forward — the same relief that Planned Parenthood had sought in the Supreme Court — while litigation over the near-total ban on abortions in Texas continues. The ruling by the three-judge panel expressed “serious concerns” about whether the district court had sufficiently considered, for example, the “emergency public health measures” that prompted the executive order by...
Tags: Texas, Featured, Supreme Court, Law, Planned Parenthood, Abbott, Greg Abbott, Ken Paxton, Howe, Alito, U S Court of Appeals, Samuel Alito, 5th Circuit, What's Happening Now, Emergency appeals and applications, Supreme Court Updated


Texas abortion dispute reaches Supreme Court

Telling the justices that “Texas has exploited the COVID-19 crisis as a pretext to target abortion,” Planned Parenthood and abortion providers in Texas filed an emergency appeal with the Supreme Court today. Planned Parenthood asked the justices to vacate a ruling by a federal appeals court and to allow “medication abortions” – that is, abortions induced by taking two pills by mouth – to go forward while it challenges a near-total ban on abortions in Texas. The dispute has its roots in a March...
Tags: Texas, Featured, Supreme Court, Law, Planned Parenthood, Abbott, Greg Abbott, Ken Paxton, Howe, Alito, U S Court of Appeals, Samuel Alito, 5th Circuit, What's Happening Now, Emergency appeals and applications


Opinion analysis: Court finds particular maritime safe berth clause constitutes charterer’s warranty of safety

In a 7-2 decision announced today, the Supreme Court held that a safe berth clause in a particular maritime charter party agreement constituted a warranty of safety, making the charterer, who designated the unloading berth, liable for costs to clean up an oil spill. In concluding that the charter party agreement allocated such a risk to the charterer (collectively referred to as CARCO), the court umpired a dispute involving more than $130 million dollars between the parties, resolved a circuit s...
Tags: Featured, Supreme Court, Law, United States, Venezuela, East Coast, Black, Thomas, Sonia Sotomayor, Gilmore, Sotomayor, Delaware River, Clarence Thomas, Samuel Alito, 5th Circuit, Goldstein Russell


Relist Watch: 100 years of solitude

John Elwood briefly reviews Monday’s relists. Wow. It’s been a long week . As if the coronavirus weren’t enough all on its own, there’s fresh news of other disasters . By which I mean parents everywhere realizing their wish they could spend more time with their families might actually be coming true . My forecast last week that “we’ll be seeing opinions in some of th[e relisted cases] soon” turned out to be correct. The Supreme Court summarily reversed in Davis v. United State...
Tags: Texas, Featured, Supreme Court, Law, California, Washington, Mexico, Fbi, United States, Davis, Michigan, Avery, King, Justice Department, James King, 9th Circuit


Opinion analysis: Court sides with immigrants on availability of judicial review of removal orders

Today, the Supreme Court issued its decision in the consolidated cases of Guerrero-Lasprilla v. Barr and Ovalles v. Barr. The court ruled in favor of the noncitizens who were challenging the U.S. Court of Appeals for the 5th Circuit’s denial of their motions to reopen their removal cases. The 5th Circuit had said it lacked the ability to review their cases. With the court’s decision, Pedro Pablo Guerrero-Lasprilla and Ruben Ovalles will now be able to continue their legal efforts to come back in...
Tags: Featured, Supreme Court, Law, Congress, United States, Bia, Thomas, John Roberts, Alito, U S Court of Appeals, Stephen Breyer, Breyer, Samuel Alito, Barr, 5th Circuit, Board of Immigration Appeals


No new grants, but a rebuke for the 5th Circuit

Last Friday, the justices had their regularly scheduled private conference. According to the court’s Public Information Office, the meeting was a departure from their normal format: Following Center for Disease Control guidelines to combat the spread of the coronavirus, only Chief Justice John Roberts was actually in the justices’ conference room, with the rest of the justices joining the meeting by phone. Today the justices issued orders from that conference, but they did not add any new cas...
Tags: Featured, Supreme Court, Law, Davis, Charles Davis, John Roberts, Howe, Fifth Circuit, U S Court of Appeals, 5th Circuit, Cases in the Pipeline, Public Information Office, Brett Kavanaugh, Edwin Avery, Following Center for Disease Control


Argument analysis: Justices grapple with Louisiana abortion law (Updated)

In 2016, the Supreme Court struck down a Texas law that (among other things) required doctors who perform abortions in that state to have the right to admit patients at nearby hospitals. In that case, Justice Anthony Kennedy joined the court’s four more liberal justices in concluding that the law made it harder for women to obtain abortions while not doing anything, despite the state’s argument to the contrary, to protect the health of pregnant women. Today the Supreme Court considered the const...
Tags: Texas, Featured, Supreme Court, Law, Louisiana, Ruth Bader Ginsburg, DOE, Wall, Kennedy, John Roberts, Roberts, Howe, Ginsburg, Alito, Stephen Breyer, Breyer


Argument analysis: Is judicial review of a claim under the Convention Against Torture completely barred in cases involving removal orders on certain criminal grounds?

Nidal Khalid Nasrallah seeks the United States’ protection under the Convention Against Torture. An immigration judge found that he qualified for deferral of removal under the CAT. He remained eligible for this form of relief even though that judge also found that he had committed an offense that qualified as a crime involving moral turpitude and that would have rendered him otherwise removable. The Board of Immigration Appeals agreed with the immigration judge’s finding that Nasrallah had commi...
Tags: Featured, Supreme Court, Law, Congress, United States, Ruth Bader Ginsburg, Lebanon, Jennings, Hughes, Alito, U S Court of Appeals, Ninth Circuit, Sotomayor, Stephen Breyer, Breyer, Rodriguez


Justices grant Affordable Care Act petitions

Just as it did almost eight years ago, the Supreme Court will once again weigh in on the constitutionality of the Affordable Care Act’s individual mandate. The justices announced today that they had granted two petitions involving the ACA – one by California and a group of states, the other by Texas and a different group of states – asking the Supreme Court to review a ruling by the U.S. Court of Appeals for the 5th Circuit that struck down the mandate. The justices will hear oral argument in th...
Tags: Texas, Featured, Supreme Court, Law, Congress, California, House, ACA, John Roberts, The Supreme Court, Howe, U S Court of Appeals, U S House of Representatives, 5th Circuit, What's Happening Now, Today the Supreme Court


Relist Watch Select

John Elwood briefly reviews Monday’s relists. Because of the , it will be another brief writeup today. The Supreme Court cleared out an enormous number of relists at the February 21 conference — its first conference in almost a month. The court granted review in Fulton v. City of Philadelphia, 19-123, an important case involving the free exercise clause of the First Amendment. The city of Philadelphia wants to exclude Catholic Social Services from participating in its foster-care program un...
Tags: Texas, Featured, Supreme Court, Law, Congress, California, Washington, United States, Arizona, Davis, Kansas, Philadelphia, Ash, Smith, ACA, Chevron


Opinion analysis: Arguing for a shorter sentence preserves normal federal appellate review

In a succinct six-page opinion, the Supreme Court ruled today in Holguin-Hernandez v. United States that a federal criminal defendant who “advocates for a shorter sentence than the one ultimately imposed” has sufficiently preserved a claim on appeal that a longer sentence is unreasonable, thereby avoiding “plain error” review under Federal Rule of Criminal Procedure 52(b). Justice Stephen Breyer’s opinion for the court was unanimous, although Justice Samuel Alito concurred separately (joined by ...
Tags: Featured, Supreme Court, Law, United States, Alito, U S Court of Appeals, Stephen Breyer, Breyer, Samuel Alito, 5th Circuit, Gorsuch, Merits Cases, Neil Gorsuch, Holguin Hernandez, Gonzalo Holguin Hernandez, Winn Allen



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